Thailand's Thaksin Appeals 1.4 Billion US$ Asset Seizure

[webfact]

SUPREME COURT APPEAL

Shinawatras produce documents to prove claims

By THE NATION

Appeals to Supreme Court call for overturning verdict in assets-seizure case

BANGKOK: -- In their appeal to the Supreme Court against its ruling in the assets-seizure case against ex-PM Thaksin Shinawatra, lawyers for the Shinawatra family yesterday submitted documents involving the transactions of Shin Corp to show that Panthongtae and Pinthongta were the beneficiary owners.

The fresh documents about Shin Corp's transactions with UBS and Temasek Holdings of Singapore also involve Aspen Holdings and Cedar Holdings, the two firms set up by Temasek to acquire Shin Corp stocks.

The documents claim to show that Panthongtae and Pinthongta were the authorisers of the Shin Corp deal with Temasek during the whole process.

Yesterday, the Shinawatras' three lawyers - Chatthip Tanthaprasat, Somporn Pongsuwan and Kittiporn Arunrat - worked frantically to beat the one-month deadline by filing separate appeals to the Supreme Court.

The appeals seek to overturn the February 26 ruling, which ordered the seizure of Bt46 billion from the proceeds of the Shin Corp sale.

The Supreme Court will form a five-member panel to deliberate the appeals before submitting a recommendation to the 142-member body of Supreme Court judges to determine whether to accept them.

The lawyers also produced documents involving the transactions of Ample Rich Investment, an offshore company, which held 10 per cent of Shin Corp stocks between 1999 and 2005. These documents were not used during the trial.

The Shinawatra family is appealing to the Supreme Court judges to accept the joint plea, override the charges of the public prosecutors and revoke the ruling of the Supreme Court's Criminal Division of the Political Office Holders, which ordered the seizure of Bt46 |billion.

They are also requesting that the order to freeze the bank accounts of the Shinawatra family be lifted.

Most important, the joint appeal requests that the legal execution process to transfer Bt46 billion from the bank accounts of the Shinawatras to the state coffers be delayed until the appeal process is completed.

The appeal has been lodged in accordance with Article 278 of the Constitution.

The appeal documents of Thaksin cover 246 pages, against 60 pages for his former wife Pojaman na Pombejra, 35 pages each for Panthongtae and Pinthongta, 49 pages for Yingluck Shinawatra and 29 pages for Bhanapot Damapong.

The Supreme Court ruled that Panthongtae, Pinthongta, Yingluck and Bhanaphot had acted as |nominees for Thaksin and Pojaman, who were the real beneficiary owners of Shin Corp while Thaksin served as premier between 2001 and 2006.

Chatthip said he expected the Supreme Court would take the appeal into consideration because fresh documents had been submitted in accordance with the law.

He said there was a possibility that Worachet Pakeerut, a Thammasat law lecturer, would be willing to testify in the case.

The appeal, the lawyers said, would also assert the testimonies of other key witnesses from the securities registrar, officials of the Stock Exchange of Thailand, permanent secretaries, and directors-general of government agencies.

These testimonies were not taken into account by the Supreme Court during the trial, so they can be resubmitted as fresh evidence, the lawyers argue.

Moreover, they argue that the Supreme Court's rulings were not accurate, such as regarding the transfer of the Shin Corp shares to Panthongtae and Pinthongta for Bt1 apiece.

The transfer of the shares of the children did not need to involve money transactions, but the Supreme Court deemed that it was an effort to use the children as nominees.

-- The Nation 2010-03-27

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[animatic]

I guess the NACC's decision lit a fire to the feet of Thaksin's lawyers!

Shame it didn't light a fire under the apparatchiks! Why wasn't this lot siezed within MINUTES of the court's decision??

Disgusting sloth and dereliction of duty to justice and the people.

Not that I'm biased in any way, you understand........

well the court gives a month for the chance of an appeal only granted when there is new evidence that could affect the outcome of the case, but weird that a case that has taken this longs still has new evidences to uncover. I wouldnt be surprise if thaksins lawyers kept this evidence quiet for the chance that they could prolong the seizure of assets

Some possible parts to this.

Some evidence could be considered a route to further charges, so held back,

but to be used IF things go too badly.

Some evidence was deemed essentially useless, while somewhat close to the point,

and so was withheld as barely relevant, but knowing it might get used on appeal.

"He said there was a possibility that Worachet Pakeerut, a Thammasat law lecturer, would be willing to testify in the case."

Hired gun speaker, law lecturer? Why did this guy not testify before, if his potential testimony is so pertinent...?

Why should an academic try to tell the Supreme court how to think? The Supreme court create precidents

and Law Professors analyze, interpret and teach STUDENTS what they meant... not the other way round.

And since some previous existing testimony of witnesses was NOT deemed relevant in the final sumations,

this is suddenly NEW testimony... yeah right. Didn't use it, even though it is part of the record,

how is this suddenly NEW.

Lawyers only bother with the kitchen sink if they can bill for the kitchen sink,

in this case they have clients who can be billed for ANYTHING that might help.

Desperation is a great loosener of the tightly held purse strings of the too well heeled.

Or the total heels worried about losing more.

Since the kids are shown to be nominees on one section of the global deal to hide the money,

point to them signing papers at another point doesn't absolve the other section.

One of the main points is that Thaksin or Putjamin were controllers of RECEIVED funds

and disbursal of funds, regardless of who the alleged OWNERS were.

They made decisions to make the money grow, when they say they had no control or ownership of it,

but controlled the CASH returns from this to the supposed owners...?

For all their alleged brilliance, they couldn't have gotten very goot money management

advice about shell companies, trails of evidence and obscuring control of companies.

They went through this leaving bread crumb trails and the NCCCrows were eating a full portion.

Edited March 27, 2010 by animatic

[nakachalet]

during the past six decades, there had not been a supreme court in thailand history which is allowed a free hand and feet.... to decide and judge according to the laws of the land.

and after having read some of the reasons behind the decision rendered.... tuksin was fortunate to even be allowed to have some of his corrupted fortune returned to him....

had there not been because of only ONE SYMPATHETIC JUSTICE who dissented.... the male prisoner escapee named tuksin.... would have ended up with zippo, nothing....

REALISTICALLY, JUST HOW MUCH WOULD A MAN NEED.... to live a life of leisure....?

many farangs are happy and content like larks living their lives out around pacificrims.... with just 3,000 usd a month in interest received.... without having to ever tough the invested capitals...

in retrospective, how much do we really need.... to live a decent life....?

[lannarebirth]

during the past six decades, there had not been a supreme court in thailand history which is allowed a free hand and feet.... to decide and judge according to the laws of the land.

and after having read some of the reasons behind the decision rendered.... tuksin was fortunate to even be allowed to have some of his corrupted fortune returned to him....

had there not been because of only ONE SYMPATHETIC JUSTICE who dissented.... the male prisoner escapee named tuksin.... would have ended up with zippo, nothing....

REALISTICALLY, JUST HOW MUCH WOULD A MAN NEED.... to live a life of leisure....?

many farangs are happy and content like larks living their lives out around pacificrims.... with just 3,000 usd a month in interest received.... without having to ever tough the invested capitals...

in retrospective, how much do we really need.... to live a decent life....?

It's a bad thing when judges don't respect the rule of law. They try to "finesse" these verdicts because they are the elite dealing with another elite. It's all going to blow up in their faces one day. The anti judiciary crowd here have got that right, but it didn't work against them as they claim, but for them. It gave this cancer life when it should have been excised long ago. It seems the puyai still think they know best.

[Jonathanpattaya]

Give him his money and then he will hopefully follow the Oozlum bird!

[neverdie]

More fun and games. I can imagine all the lawyers involved have bought new homes and flash sports cars.

[jdinasia]

500 pages of legal mumbo-jumbo. awesome. This will not be swift. (And imagine the cost to produce this material.)

I really think he must be loosing the plot or must just enjoy giving his money to lawyers. Can any sane person imagine Thailand overturning the ruling? After all, we all knew the outcome before the trial didn't we

Ummmm perhaps YOU have inside knowledge that the rest of us are not privy to, because I certainly did not know how the courts would rule before the judgment was handed down. In fact, I rather thought they would take it all since everyone knew that Thaksin pulled quite a few illegal stunts to get the money.

[shawndoc]

during the past six decades, there had not been a supreme court in thailand history which is allowed a free hand and feet.... to decide and judge according to the laws of the land.

Which laws were ignored in this ruling?

The court spent hours reading the decision explaining their reasoning and why they made the decision they did. You will note not even Thaksin's family are claiming there has been an error in how the law was interpreted, only that the judges made the wrong decision as to who controlled the fortune.

I would think if the judges weren't allowed "judge according to the laws of the land" Thanksin would be beating that drum every chance he got, and he hasn't been. His argument has been A) He wasn't in control of the fortune and Other people in Thailand are corrupt and they got away with it, its a double standard to hold him accountable to the law.

[jdinasia]

I do not expect the appeal to be granted IF the defense had time to include the material they wish to be considered in the original verdict. In that case it really isn't "new evidence" and is only stuff they left out.

[brahmburgers]

The documents claim to show that Panthongtae and Pinthongta were the authorisers of the Shin Corp deal with Temasek during the whole process.

Moreover, they argue that the Supreme Court's rulings were not accurate, such as regarding the transfer of the Shin Corp shares to Panthongtae and Pinthongta for Bt1 apiece.

The transfer of the shares of the children did not need to involve money transactions, but the Supreme Court deemed that it was an effort to use the children as nominees.

- From the Nation article

Whether looked at from a legal angle or from a common sense angle, it's obvious the children (or are they adults?) are often used as scapegoats/nominees by their parents - back and forth like raggety Anne dolls.

One the one hand, if the children are threatened at all (with lawsuits or whatever) T will act like they're innocents. On the other hand, when daddy sees he might be in some deep doo doo of his own making, he'll quickly assert that the children had control of the money and were running the show - as if he were just some benevolent old out-of-the-loop guy in the back aisle. Anyone who has an inkling of how Thaksin manifests, with his insistence on total control, and his constant hiding things & lying, will know it's ridiculous to imagine the kids were controlling the money and making major decisions in that regard.

The judges should throw this new legal maneuvering out on its butt. Plus it's a gargantuan waste of resources, to tie up so many public servants' time - when (it's assumed) those same people could be doing some worthwhile things with taxpayer funds.

Edited March 27, 2010 by brahmburgers

[TAWP]

500 pages of legal mumbo-jumbo. awesome. This will not be swift. (And imagine the cost to produce this material.)

i dont really think the 'cost' of producing a few hundred pages of legal writs is a big deal!!!! (considering that 46 billion baht is at stake!!!)

So you mean that the champion of the poor is showing that he is rich and can afford his justice (unlike poor people in the same situation), unless he phones in to rallies and lies about his background about being poor and one of the people...got it.

[way2muchcoffee]

The judges should throw this new legal maneuvering out on its butt. Plus it's a gargantuan waste of resources, to tie up so many public servants' time - when (it's assumed) those same people could be doing some worthwhile things with taxpayer funds.

Well, everyone deserves a right to a fair trial. Since he has filed an appeal it should be honestly appraised and if it has validity an appeals trial should be held. Cost to the government should not be a factor.

Edited March 27, 2010 by way2muchcoffee

[Tanaka]

Can't wait to hear what this new evidence is and why it has only now suddenly come to light. How could they have overlooked this before?

AND new "witnesses" as well! What a funny old thing!

More redshirts being paid.

Can't they just find the clown and shoot him and end this charade. Call Mossad and ask if they have someone who would like a plane trip.

Edited March 27, 2010 by Tanaka

[nakachalet]

KKKKKK////////////LLLLLLOIIUYU

during the past six decades, there had not been a supreme court in thailand history which is allowed a free hand and feet.... to decide and judge according to the laws of the land.

Which laws were ignored in this ruling?

The court spent hours reading the decision explaining their reasoning and why they made the decision they did. You will note not even Thaksin's family are claiming there has been an error in how the law was interpreted, only that the judges made the wrong decision as to who controlled the fortune.

I would think if the judges weren't allowed "judge according to the laws of the land" Thanksin would be beating that drum every chance he got, and he hasn't been. His argument has been A) He wasn't in control of the fortune and Other people in Thailand are corrupt and they got away with it, its a double standard to hold him accountable to the law.

PERHAPS you misunderstood what was stated....

during the reign of gen pra-part jar-ru-sa-tien, gen pow see-yar-non, general sar-rit tha-na-rudd and general tha-nom kit-ti-ka-gorn et al.... the justice systems were very different.... those priministers were the minigods.... injustice permeated to every branch of govt agencies including every branches of judiciary as well....

the meaning of justice is what the head of the state decided it is.... we knew.... because we were in the middle of it all....

fortunately, those days were here and gone.... forever....

then came this jester.... in power for almost 2 terms.... again permeating justice system with personal selfish interest for himself and his cronies....

many years ago, esaan was poor.... but then it was like frog living in a well.... seeing and thinking that the sky was a circle.... because that was what it could see from the bottom of the well....

during tuksin's self enrichment years.... how did he eradicate proverty.... or did he....? HE HAS ALMOST 7 YEARS TO SHOW HIS TRUE INTEREST IN RELIEVING ESAAN ....

NOW TUKSIN AGAIN IS SAYING THRU VIDEOLINK that .... when he returns.... everyone will have fat chicken to eat everyday.... every pocket will be full with cash....

there will be no more poor farmers in thailand....

he had done his personal best already 3 times in seeking royal pardon thru three different avenues; thru his lawyers team, thru priminister office and to secretary of the royal palace.... but nobody cares to grant him absolute and total pardon.... so he may return and spend the rest of his life in peace in thailand--his only mother land that he loves and cares....!!!!

NOW HE HOPES THE REDSHIRT BROTHERS AND SISTERS WILL HELP HIM RETURN TO THAILAND SOON....

and have no fear.... i'll treat everyone the same.... there is no vengence in my heart.... i only want what is best for thailand....

AND YOU MUST HELP ME RETURN TO THAILAND....

THE PARLIAMENT MUST BE DISSOLVED NOW.... WE CAN DO IT T O G E T H E R THIS TIME....

[ronz28]

Make him pay the taxes on the gain on the sale of his shares and a 20%? penalty for weaseling out of it. Taking all of the family's wealth earned during the time he was in office without a calculation and connection to specific issues is just too much, smells of dirty politics and doesn't allow for any settlement and healing over the issues.

[lannarebirth]

Make him pay the taxes on the gain on the sale of his shares and a 20%? penalty for weaseling out of it. Taking all of the family's wealth earned during the time he was in office without a calculation and connection to specific issues is just too much, smells of dirty politics and doesn't allow for any settlement and healing over the issues.

It's really unfathomable given the courts multi hour delivery of the verdict, how he walked away with any money at all. They proved damages well in excess of the monies frozen, but then seize only a fraction. It reeks of a "finessed" verdict and of course everyone knows appeasement policies always blow up in your face.

[nakachalet]

Make him pay the taxes on the gain on the sale of his shares and a 20%? penalty for weaseling out of it. Taking all of the family's wealth earned during the time he was in office without a calculation and connection to specific issues is just too much, smells of dirty politics and doesn't allow for any settlement and healing over the issues.

It's really unfathomable given the courts multi hour delivery of the verdict, how he walked away with any money at all. They proved damages well in excess of the monies frozen, but then seize only a fraction. It reeks of a "finessed" verdict and of course everyone knows appeasement policies always blow up in your face.

incidentally, there are numerous other civil as well as criminal suits docketed in numerous court houses awaiting adjudication and disposition against tuksin....

no that is not the end of his insurmountable legal and persnal trouble as yet.... he stands to lose plenty more in the future.

unless of course he could come back to power and appoint at gun point certain sympathetic judgetices to sit on the bench....

that is apparently a very important reason why the dissolution of the parliament must be immediate and total....

[khunjamespittman]

I guess the NACC's decision lit a fire to the feet of Thaksin's lawyers!

Shame it didn't light a fire under the apparatchiks! Why wasn't this lot siezed within MINUTES of the court's decision??

Disgusting sloth and dereliction of duty to justice and the people.

Not that I'm biased in any way, you understand........

well the court gives a month for the chance of an appeal only granted when there is new evidence that could affect the outcome of the case, but weird that a case that has taken this longs still has new evidences to uncover. I wouldnt be surprise if thaksins lawyers kept this evidence quiet for the chance that they could prolong the seizure of assets

Some possible parts to this.

Some evidence could be considered a route to further charges, so held back,

but to be used IF things go too badly.

Some evidence was deemed essentially useless, while somewhat close to the point,

and so was withheld as barely relevant, but knowing it might get used on appeal.

"He said there was a possibility that Worachet Pakeerut, a Thammasat law lecturer, would be willing to testify in the case."

Hired gun speaker, law lecturer? Why did this guy not testify before, if his potential testimony is so pertinent...?

Why should an academic try to tell the Supreme court how to think? The Supreme court create precidents

and Law Professors analyze, interpret and teach STUDENTS what they meant... not the other way round.

And since some previous existing testimony of witnesses was NOT deemed relevant in the final sumations,

this is suddenly NEW testimony... yeah right. Didn't use it, even though it is part of the record,

how is this suddenly NEW.

Lawyers only bother with the kitchen sink if they can bill for the kitchen sink,

in this case they have clients who can be billed for ANYTHING that might help.

Desperation is a great loosener of the tightly held purse strings of the too well heeled.

Or the total heels worried about losing more.

Since the kids are shown to be nominees on one section of the global deal to hide the money,

point to them signing papers at another point doesn't absolve the other section.

One of the main points is that Thaksin or Putjamin were controllers of RECEIVED funds

and disbursal of funds, regardless of who the alleged OWNERS were.

They made decisions to make the money grow, when they say they had no control or ownership of it,

but controlled the CASH returns from this to the supposed owners...?

For all their alleged brilliance, they couldn't have gotten very goot money management

advice about shell companies, trails of evidence and obscuring control of companies.

They went through this leaving bread crumb trails and the NCCCrows were eating a full portion.

Animatic, you've been watching too much TV!

I think if you look at the cases that are heard by Supreme Courts in general you would find out that lawyers who present before Supreme Courts come from 2 pools. 1. Government Lawyers 2. University Law Professors.

If you look at this in a rational manner it makes sense. The government must protect itself and has to maintain thousands of lawyers to understand how the government must operate within the bounds of the laws and Judicial law research staffs advise the Judges.

The university law professors are the academic experts on the laws and how they have been and should be interpreted. They have the greatest depth of understanding the laws and therefore are best qualified advocate for their clients and to explain to the Supreme Court there merits their positions. Constitutional law is not traffic law.

By and large the Supreme Courts goal should not be to establish precedents but to explain decisions within the context of the Constitution explaining their decisons with the precise wording in the Constitution. The allows for a constitution that remains in tact for a very long period and allows for the greatest flexibility. Precedents are overturned overtime as new interpretations of the laws are understood and of course many times precedents are upheld.

"Nothing is cast in concrete!"

You are entitled to your opinions, but your premise that you are right doesn't necessarily make your opions right. Faulty premises lead to faulty opinions.

[Chang_paarp]

IF the Shinawatra (sp?) clan prove that the kids were the controlling owners of the shares, will they then be liable for the tax due on the capital gains. I think the Revenue Dept will then apply for a freeze of the assets while they have that fight, because they now have new evidence that the assets were owned and controlled by the kids.

Watch this space for the next episode in the soap opera of the Shin Clan. I wonder if someone will make a movie of all this?

[animatic]

Supreme courts are just that 'Supreme Courts'.

Their job IS to decided on facts of law and rule based on them.

~Law professors in ivory towers are not in the job of making these decisions,

if they were they WOULD be on Supreme Courts. Some do get those jobs,

but unless they are in that chair their ideas are only that, ideas.

You can state your opposing logic all you want,

that also doesn't make it valid, just in opposition,

which is your standard stance.

[khunjamespittman]

Supreme courts are just that 'Supreme Courts'.

Their job IS to decided on facts of law and rule based on them.

~Law professors in ivory towers are not in the job of making these decisions,

if they were they WOULD be on Supreme Courts. Some do get those jobs,

but unless they are in that chair their ideas are only that, ideas.

You can state your opposing logic all you want,

that also doesn't make it valid, just in opposition,

which is your standard stance.

LOL

What a joke!

Who taught the judges? The Professors!

Any thing factual in my post that is not true? Facts not opinions!